MUNNA LAL Vs. IIND ADDL D J ALLD

JUDGEMENT

(1.) B. K. Roy, J. The petitioner decree holder prays to quash the order dated 2-3-1988 passed by 2nd Additional District Judge, Allahabad in Civil Revision No. 81 of 1988 allowing Civil Revision No. 81/88 as well as the second objection of respondent No. 3 preferred under Section 47 of the Code of Civil Procedure.

(2.) MANIFOLD submissions were made at the Bar by the learned counsel for the petitioner Shri Kameshwar Prasad but in view of the nature of the order, which I propose to pass, I need no mention all of them except that the order impugned was passed without giving any opportunity of hearing to the writ petitioner violating the principle of natural justice and, thus, is liable to be set aside on this ground alone.

(3.) FOR the reasons aforementioned the impugned order cannot be sustained and is held to be without jurisdiction. This writ petition succeeds in part. The impugned revisional order is set aside and Civil Revision No. 81 of 1988 is remitted back to the Court of 2nd Additional District Judge, Allahabad for fresh consideration in accordance with law.